BERG v. OBAMA; WE THE PEOPLE - USA TODAY  FULL PAGE  Article

Friday, November 7, 2008
 Two Developments
NUMBER ONE

If The Supreme Court Decides...?

At this point, Supreme Court Justice David Souter's Clerk informed Philip J. Berg, the lawyer who brought the case against Obama, that his petition for an injunction to stay the November 4th election was denied, but the Clerk also required the defendants to respond to the Writ of Certiorari (which requires the concurrence of four Justices) by December 1. At that time, Mr. Obama must present to the Court an authentic birth certificate, after which Mr. Berg will respond.

If Obama fails to do that, it is sure to inspire the skepticism of the Justices, who are unaccustomed to being defied. They will have to decide what to do about a president-elect who refuses to prove his natural-born citizenship.

"I can see a unanimous Court (en banc) decertifying the election if Obama refuses to produce his birth certificate," says Raymond S. Kraft, an attorney and writer.  "They cannot do otherwise without abandoning all credibility as guardians of the Constitution. Even the most liberal justices, however loathe they may to do this, still consider themselves guardians of the Constitution. The Court is very jealous of its power - even over presidents, even over presidents-elect."

Also remember that on December 13, the Electoral College meets to casts its votes. If it has been determined that Mr. Obama is an illegal alien and therefore ineligible to become President of the
United States, the Electors will be duty-bound to honor the Constitution.

NUMBER TWO

Draft of WTP full-page ad to be published in
USA TODAY the week of November 10, 2008:

An Open Letter to Barack Obama:

Are you a Natural Born Citizen of the
U.S.?

Are you legally qualified to hold the Office of President?



Dear Mr. Obama:

On
October 24, 2008, a federal judge granted your request to dismiss a lawsuit by Citizen Philip Berg, who challenged your qualifications under the "Natural Born Citizen" clause of the U.S. Constitution to legally hold the office of President of the United States of America.

Mr. Berg presented factual evidence to the Court in support of his claim that you are either a citizen of your father’s native
Kenya by birth, or that you became a citizen of Indonesia, relinquishing your prior citizenship when you moved there with your mother in 1967.

In your response to the lawsuit, you neither denied Mr. Berg's claims nor submitted any evidence which would refute his assertions. Instead, you argued that the Court lacked the jurisdiction to determine the question of your legal eligibility because Mr. Berg lacked “standing."

Astonishingly, the judge agreed, simply saying, "[Mr. Berg] would have us derail the democratic process by invalidating a candidate for whom millions of people voted and underwent excessive vetting during what was one of the most hotly contested presidential primary [sic] in living memory."

Unfortunately, your response to the legal claim  was clearly evasive and strikingly out of character, suggesting  you may, in fact, lack a critical Constitutional qualification  necessary to assume the Office of President: i.e., that you are  not a "natural born" citizen of the United States or one who has  relinquished his American citizenship.

Before you can exercise any of the powers of the
United States, you must prove that you have fully satisfied each and every eligibility requirement that the Constitution mandates for any individual’s exercise of those powers.

Regardless of the tactics chosen in defending yourself against the Berg lawsuit, significant questions regarding your legal capacity to hold this nation’s highest office have been put forth publicly, and you have failed to directly refute them with documentary evidence that is routinely available to any bona fide, natural born
U.S.  Citizen.

As one who has ventured into the fray of public service of his own volition, seeking to possess the vast powers of the Office of President, it is not unreasonable to demand that you produce evidence of your citizenship to answer the questions and allay the concerns of the People. Indeed, as the one seeking the office, you are under a moral, legal, and fiduciary duty to proffer such evidence to establish your qualifications as explicitly mandated by Article II of the Constitution.

Should you proceed to assume the office of the President of the
United States as anything but a bona fide natural born citizen of the United States that has not relinquished that citizenship, you would be inviting a national disaster, placing our Republic at great risk from untold consequences. For example:

.Neither the Electoral College on December 15, nor the House of Representatives on January 6 would be able to elect you, except as a poseur - a usurper;

 As a usurper, you would be unable to take the required "Oath or Affirmation" of office on January 20 without committing the crime of perjury or false swearing, for being ineligible for the Office of the President you cannot faithfully execute the Office of the President of the United States;

Your every act in the usurped Office of the  President would be a criminal offense as an act under color of  law that would subject the People to the deprivation of their  constitutional rights, and entitling you to no obedience  whatsoever from the People;

as a usurper acting in the  guise of the President you could not function as the Commander  in Chief of the Army and Navy and of the militia of the several  states, as such forces would be under no legal obligation to  remain obedient to you;

No one in any civilian agency  in the Executive Branch would be required to obey any of your  proclamations, executive orders or directives, as such orders  would be legally VOID;

Your appointment of Ambassadors  and Judges to the Supreme Court would be VOID abinitio (i.e.,  from the beginning), no matter what subsequent actions the  Senate might take as well as rendering any such acts by such  appointed officials void as well;

Congress would not be able to pass any new laws because they would not be able to acquire the signature of a bona fide President, rendering all such legislation legally VOID;

As a usurper, Congress would be unable to remove you from the Office of the President on Impeachment, inviting certain political chaos including a potential for armed conflicts within the General Government or among the States and the People to effect the removal of such a usurper.

As an attorney, I’m sure you agree that our Constitution is the cornerstone of our system of governance. It is the very foundation of our system of Law and Order indeed; it is the supreme law of the land. I’m sure you also agree that its precise language was no accident and cannot be ignored if Individual, unalienable, natural Rights, Freedoms and Liberties are to be protected and preserved.


As our next potential President, you have a high-order obligation to the Constitution (and to those who have fought and died for our Freedom) that extends far beyond that of securing a majority of the votes of the Electoral College. No  matter your promises of change and prosperity, your heartfelt  intent or the widespread support you have garnered in seeking  the highest Office of the Land, the integrity of the Republic  and Rule of Law cannot, -- must not -- be put at risk, by  allowing a constitutionally unqualified person to sit, as a  usurper, in the Office of the President.

No matter the  level of practical difficulty, embarrassment or disruption of  the nation's business, we must -- above all -- honor and protect  the Constitution and the divine, unalienable, Individual Rights  it guarantees, including the Right to a President who is a  natural born citizen of the United States of America that has  not relinquished his American citizenship. Our nation has endured similar disruptions in the past, and will weather this crisis as well. Indeed, it is both yours and the People's mutual respect for, and commitment to, the Constitution and Rule of Law that insures the perpetuation of
Liberty.

As a long time defender of my state and federal Constitutions and in consideration of the lack of sufficient evidence needed to establish your credentials as President, I am compelled to lodge this Petition for Redress of Grievances and public challenge to you.

Make no mistake: This issue IS a Constitutional crisis. Although it will not be easy for you, your family or our  Republic, you have it within your ability to halt this  escalating crisis by either producing the certified documents  establishing beyond question your qualifications to hold the  Office of President, or by immediately withdrawing yourself from  the Electoral College process.

With due respect, I hereby  request that you deliver the following documents to Mr. Berg and  myself at the Nation al Press Club in Washington, DC at noon on  Monday, November 17, 2008:

(a) a certified copy of your  "vault" (original long version) birth certificate;
(b)  certified copies of all reissued and sealed birth certificates  in the names
Barack Hussein Obama, Barry Soetoro, Barry  Obama, Barack Dunham
and Barry Dunham;
(c) a certified  copy of your Certification of Citizenship;
(d) a certified  copy of your Oath of Allegiance taken upon age of  maturity;
(e) certified copies of your admission forms for  Occidental College, Columbia
University and Harvard Law  School; and
(f) certified copies of any court orders or legal  documents changing your name from Barry Soetoro.

In the alternative, in defense of the Constitution, and in honor of the Republic and that for which it stands, please announce before such time your withdrawal from the 2008 Presidential election process.

"In a government of laws, the existence of the government will be imperiled if it f ails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto him self; it invites anarchy."
Olmstead v.  
United States, 277 U.S. 438, 469-471.

Thank you for your understanding and cooperation in this matter.

Sincerely,

Robert L. Schulz,
Founder and Chairman, We the People Foundation for Constitutional Education, Inc.